Resource Conservation and Recovery Act (RCRA)
The Resource Conservation and Recovery Act (RCRA) is a pivotal U.S. federal law enacted on October 21, 1976, aimed at safeguarding human health and the environment from the dangers posed by hazardous wastes. The act prohibits open dumping and mandates the establishment of programs to minimize waste generation, promoting resource conservation through recycling and recovery practices. It recognizes that many industrial and consumer products, including electronics and batteries, contain hazardous materials that can lead to soil and air contamination if not disposed of responsibly.
RCRA also delineates regulations for the management of solid and hazardous wastes, requiring that these materials be tracked from their generation to their final disposal—a process referred to as "cradle to grave." It sets forth strict requirements for businesses and government entities generating hazardous wastes, including record-keeping, proper labeling, and adherence to operational standards for waste treatment and disposal facilities. Compliance with RCRA is enforced through regular inspections, with significant penalties for violations, underscoring the law’s emphasis on public health and environmental protection.
Resource Conservation and Recovery Act (RCRA)
THE LAW: US federal legislation concerning the protection of human health and the environment from hazardous wastes
DATE: Enacted on October 21, 1976
The Resource Conservation and Recovery Act aims to protect the environment by prohibiting the open dumping of wastes on land and by requiring federal agencies to establish programs to reduce the amounts of waste materials generated. The act also addresses the conservation of resources by requiring the recovery or recycling of certain kinds of waste materials.
As human industries and technologies have advanced, increasing numbers of materials have been deposited into the air and land that are dangers to human health. Many consumer products—including electronic devices and batteries—contain harmful components that can leach into the soil and contaminate it if these items are not disposed of safely. Gases and emitted from factories can pollute the air and cause difficult breathing as well as permanent damage to lungs. Radioactive materials used in nuclear plants or in hospitals can have deleterious effects if not handled properly.
During the 1970s, the U.S. Congress became aware that the disposal of solid and hazardous wastes in and on land without careful planning and management can present a danger to human health and the environment. The Resource Conservation and Recovery Act of 1976 (RCRA) was one result of this awareness. RCRA authorizes environmental agencies to order the cleanup of contaminated sites and promotes improvement in management techniques for solid and hazardous wastes. The law mandates that such wastes be handled by competent authorities from the time the wastes are generated until the time of their disposal, or “from cradle to grave.”
Disposal of Solid and Hazardous Wastes
The Solid Waste Disposal Act was promulgated in 1965 by President Lyndon B. Johnson, who created the Office of Solid Waste within the US Public Health Service. In 1970, the US Environmental Protection Agency (EPA) took over responsibility for management. RCRA updated this law and made it clear that taking care of is a matter of public health. RCRA defines solid as any garbage, refuse, or from a treatment plant, water-supply plant, or air-pollution-control facility. The law does not include household waste, but it does include waste generated by dry cleaners, auto repair shops, hospitals, exterminators, photo-processing centers, chemical manufacturers, electroplating companies, and refineries, as well as any other businesses that generate solid waste.
Those who handle solid waste must have an RCRA site identification number if they handle 100 kilograms (220 pounds) per month or accumulate more than 1,000 kilograms (2,200 pounds) of dangerous waste at any one time. Owners and operators of these sites must report each year on their waste management activities. Public participation in reporting is encouraged, and anyone can bring a suit in a federal district court to report anyone who is violating the act.
Hazardous waste is a specific type of solid waste, defined in RCRA as anything that is (burns readily), corrosive, reactive (explosive), or toxic. Hazardous wastes take many physical forms and may be solid, semisolid, or liquid. These wastes can be damaging to the eyes, the skin, and the tissue under the skin, and they may be poisonous when ingested or inhaled. When hazardous wastes are improperly treated, stored, transported, or disposed of, or otherwise mismanaged, they can pose a substantial hazard to the environment. Before the passage of RCRA, some thought that US law allowed the use of hazardous wastes as fertilizer. Hazardous wastes were sometimes mixed with other fertilizing materials to lessen the wastes’ potency, and the resulting mixes were thought to be safe for growing crops. RCRA expressly ended this method of disposal.
Regulatory Aspects of the Law
RCRA regulates commercial businesses as well as federal, state, and local government facilities that generate, transport, transfer, treat, store, recycle, or dispose of hazardous wastes. Owners and operators of landfills must keep track of these wastes from the moment they are generated until their ultimate disposal or destruction. Generators of toxic substances must maintain thorough records and must clearly label and use appropriate containers for the wastes they generate. RCRA also requires them to have programs in place.
RCRA requires all waste treatment, storage, and disposal facilities to meet certain standards for the location, design, and construction of the facilities and for their operating methods and practices. Groundwater is required on an ongoing basis, and the act also calls for federal or state inspection of all treatment, storage, and disposal facilities at least every two years. Failure to comply with these regulations carries a penalty of a fine of $25,000 per day of noncompliance, one year in prison, or both.
Bibliography
Blewett, Stephen, with Mary Embree. What’s in the Air: Natural and Man-Made Air Pollution. Ventura, Calif.: Seaview, 1998.
Gano, Lila. Hazardous Waste. San Diego, Calif.: Lucent Books, 1991.
Harris, Glenn, and Leah Nelson. “Revisiting a Hazardous Waste Site Twenty-five Years Later.” Journal of Evvironmental Health 69, no. 9 (2007): 36-43.
Kuzniewski, Saleha. "What Is the Resource Conservation & Recovery Act (RCRA)?" Wastewater Digest, 23 Aug. 2022, www.wwdmag.com/what-is-articles/article/21169925/what-is-the-resource-conservation-recovery-act-rcra. Accessed 22 July 2024.
Leone, Bruno, ed. Garbage and Waste. San Diego, Calif.: Greenhaven Press, 1997.
"Resource Conservation and Recovery Act (RCRA)." US Environmental Protection Agency (EPA), 21 Feb. 2024, www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-overview. Accessed 22 July 2024.
Wiseman, Joseph F. “Solid Waste Program Benefits Community in More Ways than One.” Public Works 131 (2000): 46-52.